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(영문) 의정부지방법원 2017.06.02 2016가단9698
배당이의
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The following facts do not conflict between the parties or may be found as a whole by taking into account the following facts: evidence Nos. 1, 2, and 3, evidence Nos. 4-1, 2, 2, 3, 6, 8, 9, 12, and 13, evidence No. 11-1, and evidence No. 11-2.

E Co., Ltd. (hereinafter “E”) completed the registration of collateral security (hereinafter “instant collateral security”) with the maximum debt amount of KRW 250,000,000,000,000,000 won, debtor F, and G (in light of other registrations entered in the registry, this seems to be a clerical error in H) on March 8, 2006, with the joint collateral security (hereinafter “instant collateral security”).

B. On April 20, 2006, the defendant (the trade name at the time was "Yyang Capital Co., Ltd., but changed its trade name as of October 20, 2008) completed the registration of establishment of the right to collateral security with the debtor E (hereinafter "the right to collateral security with the first collateral security of this case") on the ground of the contract concluded on April 19, 2006 with respect to the first collateral security of this case as of April 20, 2006.

C. On May 11, 2006, the Defendant completed the registration of the creation of the right to collateral security (hereinafter “the right to collateral security”) with the F’s share as joint collateral, with the registration of the creation of the right to collateral security (hereinafter “the right to collateral security”) with the obligor F and H’s maximum debt amount as of May 11, 2006, and ② on May 11, 2006, with the registration of the creation of the right to collateral security (hereinafter “the third collateral security”).

On December 29, 2008, the defendant transferred the claim secured by the third collateral mortgage of this case to I (E's representative director), and on December 30, 2008, the supplementary registration of the transfer registration was completed in I for the third collateral mortgage of this case.

E. On December 30, 2008, the defendant registered the establishment of the right to collateral security with the debtor I for the reasons of the contract on December 29, 2008 concerning the third collateral security of this case. The third collateral security of this case is the third collateral security of this case.

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